I'd talk to a lawyer or whatever the Army version of a paralegal is at the legal office, assuming your base has one. Unless we have a JAG officer reading this, I doubt you'll get "the right" answer... just lots of anecdotal information.
I agree, definitely talk to jag. I had a friend who went through the same situation and he had to ask the BC and CSM who demoted him to move him because he became the same rank as his soldiers and obviously wasn't in a position of authority.
I'm sure it's not just a matter of authority and what's right and wrong, but what's also best for the person. He should probably be transferred for the best chance of starting over.
I can tell you right now that a person will not be moved because of an article 15. You get in trouble, you live with the consequences. I was in the Navy for 6 years and now 2 with the Army. I have had several NCO's get busted down and they didn't go anywhere. A few of them were terrible NCO's and once busted down they had to deal with the guys they treated the wrong way. The military has become soft, but not that soft yet. And yes you must complete restriction time before being eligible for schools, promotion and pcs as well. The only time someone will be moved is if it will cause a safety risk.
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I agree, definitely talk to jag. I had a friend who went through the same situation and he had to ask the BC and CSM who demoted him to move him because he became the same rank as his soldiers and obviously wasn't in a position of authority.
I'm sure it's not just a matter of authority and what's right and wrong, but what's also best for the person. He should probably be transferred for the best chance of starting over.
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